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Wait...you've got the wrong 'builders'...we don't build cars!
Following on the heels of a April 2, 2007 Supreme Court ruling, Massachusetts has "now become the first state to require developers of large real estate projects to quantify and mitigate GHG emissions from such developments," and this "can be expected to shape how project proponents evaluate, design and develop large projects within Massachusetts and perhaps elsewhere," according to a recent article from Goodwin Proctor LLP. (emphasis mine)
In Massachusetts et al. v. Environmental Protection Agency et al., the Supreme Court, in a 5-4 decision, remanded the EPA, affirming that the agency did, in fact, have the capacity to regulate greenhouse gases (GHGs) such as carbon dioxide (CO2) from new vehicles. On May 14, in response to the April 2 decision, President Bush ordered the EPA and Departments of Transportation, Energy and Agriculture to collaborate in forming regulations aimed at reducing fuel use and greenhouse gas emissions. "In the absence of a federal standard for vehicle emissions," explains Daniel Coffey of Hiscock and Barclay, LLP, in this article, "several states have moved forward to implement their own guidance."
While other states are moving forward to make their own vehicle emissions regulations, Massachusetts is taking GHG regulation into uncharted waters. On April 23, 2007, the state "announced a new policy requiring state agencies and private developers to assess greenhouse gas emissions in their environmental review documents," ibid. The Greenhouse Gas Emissions Policy will be implemented under the Massachusetts Environmental Policy Act (MEPA). Not every project must adhere to these regulations: there are specific qualifications that, if met, require an Environmental Impact Report (ERI) which "quantif[ies] the GHG emissions generated by the project and identif[ies] measures to avoid, minimize or mitigate such emissions," (Goodwin Procter LLP: 2007). The Massachusetts Executive Office of Energy and Environmental Affairs (EOEEA) may require a number of different "emission reduction techniques" for a project to use in "avoid[ing], minimiz[ing], or mitigat[ing] GHG emissions," ibid.
Massachusetts's effort in regulating GHG emissions from buildings is another example of the idea I expressed in my last blog post: Wasted water goes down the toilet. Global warming and pollution continue to surface as serious problems addressed by Local, State, and National governments. More and more legislation is being considered and passed at all levels of government. Some of the legislation is in response to innovation (as in my blog post: water conservation technology allows the law to be feasible), while other legislation is the driving force behind it (as some argued in the Mass. vs. EPA case: stricter emissions requirements would lead to more efficient innovations). Once again, those of us in the building industry have been granted a premonition of future building practices. We would be smart to apply ourselves to sustainable and environmentally-friendly building today, so that when the laws are passed we are prepared for them. Besides, it just might make the world a healthier place for our kids.
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Contact Mark Avera at MAvera@TopBuildingJobs.com.
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